HomeMy WebLinkAboutPW CNT 84-12/Four Way Construction CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the 11th day of July, 1984, by and
between the CITY OF OSHKOSH, party of the first part, hereinafter
referred to as the CITY, and FOUR-WAY CONSTRUCTION OF WISCONSIN,
INC., P. 0. Box 133 , Berlin, WI 54923 party of the second part,
hereinafter referred to as the CONTRACTOR,
WITNESSETH: That the City and the Contractor, for the
consideration hereinafter named, agree as follows:
ARTICLE I . SCOPE OF WORK
The Contractor hereby agrees to furnish all of the materials and
all of the equipment and labor necessary, and to perform all of the
work shown on the plans and described in the specifications for the
project entitled or described as follows:
Public Works Contract No. 84-12, for sanitary sewer, water main, storm
sewer and appurtenant work, pursuant to Resolution #11 adopted by the
Common Council of the City of Oshkosh on July 5, 1984,
all in accordance and in strict compliance with the Contractor's
proposal and the other contract documens referred to in ARTICLE V of
this contract.
ARTICLE, II . TIME OF COMPLETION
The work to be performed under this contract shall be commenced
and the work completed within the time limits specified in the General
Conditions and/or Contractor's proposal.
ARTICLE III . PAYMENT
(a) The Contract Sum.
The City shall pay to the Contractor for the performance of the
contract the sum of $141,118.00, adjusted by any changes as
provided in the General Conditions, or any changes hereafter
mutually agreed upon in writing by the parties hereto, provided,
however, in the event the proposal and contract documents are on
a "Unit Price" basis, the above mentioned figure is an estimated
1
for the performance of the contract the amounts determined for
the total number of each of the units of work as set forth in the
Contractor's proposal; the number of units therein contained is
approximate only, and the final payment shall be made for the
actual number of units that are incorporated in or made necessary
by the work covered by the contract.
(b) Progress Payments .
In the event the time necessary to complete this Contract is such
that progress payments are required, they shall be made according
to the provisions set forth in the General Conditions.
ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS
The Contractor covenants and agrees to protect and hold the City
of Oshkosh harmless against all actions, claims and demands of any
kind or character whatsoever which may in any way be caused by the
negligent digging up of streets, alleys or public grounds or which may
result from the faulty, carelessness or neglect of said Contractor,
his agents, employees or workmen in the performance of said work or
caused by the violation of any City ordinance, and shall refund to the
City all sums which it may be obliged or adjudged to pay on any such
claims or demands within a reasonable time after demand thereof.
ARTICLE V. COMPONENT PARTS OF THE CONTRACT
This contract consists of the following component parts, all of
which are as fully a part of this contract as if herein set out
verbatim, or if not attached, as if hereto attached:
1 . General Conditions
2. Advertisement for Bids
3 . Instructions to Bidders
4. Specifications, including any addenda
5. Plans
6. Contractor 's Proposal
7. This Instrument
In the event that any provision in any of the above component
parts of this contract conflicts with any provision in any other of
the component parts, the provision in the component part first enumer-
ated above shall govern over any other component part which follows it
numerically except as may be otherwise specifically stated.
IT IS HEREBY DECLARED, UNDERSTOOD AND AGREED that the word "Con-
tractor" wherever used in this contract means the party of the second
part and its/his/their legal representatives, successors and assigns.
2
IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused
this contract to be sealed with its corporate seal and to be sub-
scribed to by its City Manager and City Clerk and countersigned by the
Comptroller of said City, and the party of the second part hereunto
set its , his or their hand and seal the day and year first above
written.
In the Presence of: CONTRACTOR
FOUR-WAY CONSTRUCTION OF WI, INC.
By: n . _(., c ,
(Seal of Contractor Fte-d,
if a Corporation ) - (Spec ' Ti -
By: .// . _ .A„>dd /_%,
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(Specify Tj le)
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, �� CITY OF OSHKOSH
:' -4- (- By:
William D. Frueh,City Manager
;l� s � . SAnd
Donna C.Serwas, City Clerk
I certify that provisions have been
made to pay the liability that will
accrue to the City of Oshkosh under
the within contract.
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Edward A. Nokes, City Comptroller
Appr ved . - form:
Warren P . Kra tr . s t City Attorney
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WISCONSIN SOCIETY OF ARCHITECTS `` � , �;,�
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THE AMERICAN INSTITUTE OF ARCHITECTS •J' t ��
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WIS. AIA DOCUMENT
JULY 1980 ED. WIS, A312
H
2
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>7.
PUBLIC IMPROVEMENT
PERFORMANCE/LABOR AND MATERIAL
cri PAYMENT BOND
O
THIS BOND IS TO BE USED ON PUBLIC IMPROVEMENT CONTRACTS PURSUANT
A TO SECTION 779.14 WISCONSIN STATUTES.
KNOW ALL MEN BY THESE PRESENTS: that (Here insert name and address or legal title of the Contractor,
referred to in Sec.779.14 Wisconsin Statutes as the prime contractor)
Four—Way Construction of Wisconsin, Inc. , P. 0. Box 133, Berlin, Wis. 54923
as Principal, hereinafter called Principal, and, (Here insert the legal title and address of Surety)
CAPITOL INDEMNITY CORPORATION, P. 0. Box 747, Brookfield, Wisconsin 53005
duly authorized and licensed to do business in the State of Wisconsin, as Surety, hereinafter called Surety,
are held and firmly bound unto (Name and address or legal title of Owner)
The City of Oshkosh, Wisconsin
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinafter provided in the
amount of One Hundred Forty—One Thousand One Hundred Eighteen and NO/100s
(Here insert a sum at )east Dollars ($141,118.00,
equal to the contract price)
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, suc-
cessors and assigns, jointly and severally, firmly by these presents.
WHEREAS,
Principal has by written agreement dated July 11 19 84 , entered into a contract with Owner for
Public Works Contract No. 84-12 — Sanitary Sewer, Water Main, Storm Sewer and
in accordance with drawings and specifications prepared by (Here insert full name, title and address) Appurtenant Work
which contract is by reference made a part hereof and is required by Section 779.14, Wisconsin Statutes,
in
The said written agreement, drawings, specifications and amendments W
are hereinafter referred to as the Contract.
PUBLIC IMPROVEMENT 3
PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES m
WIS. AIA DOC. WIS. A312JULY. 1980ED. PAGE 1
Copr. 1969 Wisconsin Society of Architects/AIA
615 E.Washington Ave.
Madison.Wis. 53703
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION, as required by Section 779.14,
Wisconsin Statutes, is such that, if the Principal shall faithfully perform the said contract and pay every
person entitled thereto for all the claims for labor performed and materials furnished under the Contract,
to be used or consumed in making the public improvement or performing the public work as provided in
the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect,
subject, however, to the following conditions:
1) No assignment, modification or change of the Principal and the Surety upon this bond for the
Contract, or change in the work covered thereby, or recovery of any damages he may have sustained by
any extension of time for the completion of the Con- reason of the failure of the Principal to comply with
tract shall release the sureties on the bond. the Contract or with the Contract between the Prin-
cipal and his subcontractors. If the amount realized
2) Not later than one year after the completion of on this bond is insufficient to satisfy all claims of
work under the Contract, any party in interest may the parties in full, it shall be distributed among the
maintain an action in his own name against the parties pro rata.
Signed and sealed this 20th day of July , 19 84
IN THE PRESENCE OF:
FOUR—WAY CONSTRUCTION OF WISCONSIN, INC.
Principal
dipp /
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16,w. r/ By: i A 'L/ ` = (Seal)
Title:
CAPITOL INDEMNITY CORPORATION
Name of Surety
1 / / f
W't°e° arse: Eliz. .eth M. Fedyn, Attorney In—Fact
APPROVED BY*
IN THE PRESENCE OF: CITY OF 0 HKOSH , a Municipal Corporation
(ff1.-e.,(- -
William D. Frueh , City Manager
Attest : J d• BY: (Seal)
Witness Title:
Donna C . Serwas , City Clerk
*This bond shall be approved in the case of the state by the state official authorized to enter into such con-
tract, of a county by its district attorney, of a city by its mayor, of a village by its president, of a town by its
chairman, of a school district by the director or president and of any other public board or body by the
presiding officer thereof.
PUBLIC IMPROVEMENT
PERFORMANCE/LABOR-MATERIAL BOND TWO PAGES
WIS.AIA DOC.WIS.A312 JULY 1980 ED. PAGE 2
q.D INDEMNITY CORPORATION
POWER OF ATTORNEY I
)
KNOW ALL MEN BY THESE PRESENTS, That the CAPITOL INDEMNITY CORPORATION, a corporation of the
State of Wisconsin, having its principal offices in the City of Madison, Wisconsin, does make, constitute and appoint
Charlene Bohlman, Dennis M. Barton, Joseph L. Vigna or Elizabeth M. Fedyn
its true and lawful Attorney(s)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act
and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of
suretyship executed under this authority shall exceed in amount the sum of
----------------- -------- NOT TO EXCEED $500,000.00 —
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the follow-
ing Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held
on the 5th day of May, 1960:
"RESOLVED, that the President, any Vice-President, the Secretary or Treasurer, acting individually or other-
wise, be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of
executing and attesting bonds and undertakings, and other writings obligatory in the nature thereof, one or more resident
vice-presidents,assistant secretaries and attorney(s)-in-fact, each appointee to have the powers and duties usual to such of-
fices to the business of this company;the signature of such officers and seal of the Company may be affixed to any such power
of attorney or to any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such fac-
simile signatures or facsimile seal shall be valid and binding upon the Company, and any such power so executed and certi-
fied by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any
bond or undertaking or other writing obligatory in the nature thereof to which it is attached. Any such appointment may be
revoked, for cause, or without cause, by any of said officers, at any time."
IN WITNESS WHEREOF, The CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by
its officer undersigned and its corporate seal to be affixed duly attested by its Secretary, this 1st day of August, 1973.
Attest: o„i,,, /
� s* .�.� \ CAPITA NDEMNI CO ATI N
•'
STATE OF WISCONSV President
) SS.
COUNTY OF DANE )
On the 1st day of August, A. D., 1973, before me personally came George A. Fait, to me known who being
by me duly sworn, did depose and say: that he resides in the County of Dane, State of Wisconsin; that he is the President
of CAPITOL INDEMNITY CORPORATION, the corporation described in and which executed the above instrument; that he
knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; thui it was so
affixed by order of the Board of Directors of said corporation and that he signed his name theretoby like order.
.t
ootttr % /.
STATE OF WISCONSIN ) Ott"`
SS. Wary Public, Dane Co., Wisconsin
COUNTY OF DANE ) My Commission is permanent
CERTI FICATE
I, the undersigned, duly elected to the office stated below, now the incumbent in CAPITOL INDEMNITY
CORPORATION, a Wisconsin Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing at-
attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolution of the Board
of Directors, set forth in the Power of Attorney is now in force.
Signed and sealed at the City of Madison. • ed the 20th day of July ,19 84
cooroun
'James P. Bigl Vice-President